The Indian Ministry of Environment, Forest and Climate Change has issued its EPR Rules according to The Environment Protection Act 1986 and the Environment (Protection) Rules 1986. These shall be known as the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules 2022.
These rules will become statutory upon their publication in the Official Gazette. Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules 2016 will have a sub rule inserted to include waste tyre management.
It should be noted that in respect of the new EPR scheme, a “producer” includes any body that imports waste tyres. All waste tyre importers will have to comply with the EPR reporting requirements, and fees.
Recycling is defined as: Any process or action of converting waste tyre into following end products, in an environmentally sound manner and having facilities as elaborated in the Standard Operating procedures or guidelines as specified by the Central Pollution Control Board, namely;
- Reclaimed rubber
- Crumb rubber
- Crumb rubber modified bitumen
- Recovered carbon black, which is usable as raw material for the manufacture of new tyres;
- Pyrolysis oil or Char, which is only used as a fuel and not as a raw material for the manufacturing of new tyres.
Recycler means any person or entity engaged in the process of recycling
Recycling Target, means the quantity of waste material to be recycled according to the provisions of the regulations.
All producers and recyclers will be expected to register for the scheme and the CPCB may make a registration charge for producers, retreaders and recyclers.
The EPR obligation on manufacturers and importers of new tyres will start at 35% in the year 22 – 23, and grow to 100% by 2024 – 25. Interestingly, units starting to operate after 1st April 2022 will have to meet 100% of their obligations from day one of operation.
Waste tyre importers will be obligated to meet 100% of their imports in year one – and the import of tyres for the purpose of producing pyrolysis oil or char is prohibited. It will be interesting to know how that particular regulation is policed and enforced.
Recyclers will be expected to report the required information on tyres used and materials produced on a monthly basis, plus they will be required to complete annual and quarterly returns as specified by the EPR portal.
The document lists fees and charges, and also outlines procedures for penalties for non-compliance.
It also establishes a steering committee for the EPR system for waste tyres that will include one representative each from the MEFCC, Department of Promotion of Industry and Internal Trade, the Automobile Manufacturers Association, and the Recyclers Associations, plus one representative from the State Pollution Control Board or Pollution Committee as co-opted by the Chair of the steering committee, The head of the Concerned Division of the Central Pollution Control Board will be a member and convener.